Countries Where Surrogacy Is Legal

1. In Which Countries Is Surrogacy Legal?
2. Countries That Permit Gestational Surrogacy
3. What Are the Legal Requirements for Gestational Surrogacy in Different Countries?
4. Comparing Countries Where Surrogacy Is Legal
5. How to Choose a Country for Gestational Surrogacy
6. FHRG International Gestational Surrogacy Programmes
7. United States
8. Ukraine
9. Georgia
10. Greece
11. Canada
12. United Kingdom

Some countries allow surrogate mothers to receive payment; others permit only altruistic arrangements or compensation authorised by law. In Portugal, for example, the law provides solely for unpaid surrogacy, but putting that framework into practice still depends on the necessary regulations being in place.

It is important to understand that a programme being legal in a particular country, such as gestational surrogacy in Ukraine, does not mean it is available to every foreign national. Nor does it guarantee that the intended parents will be recognised as the child's legal parents in their home country. When choosing a destination, intended parents therefore need to consider their nationality, medical circumstances, relationship status and the legal procedures for registering their child.

In Which Countries Is Surrogacy Legal?

There is no single international law governing gestational surrogacy worldwide. Each jurisdiction sets its own rules on who may take part, who will be recognised as the child's legal parents after birth and which payments are permitted.

Rules can also differ within the same country. In the United States, they depend on individual state laws; in Canada, the process for establishing legal parentage varies by province.

A crucial distinction is the difference between an arrangement expressly authorised by law and a practice that is simply not explicitly prohibited. The fact that a child can be born in a country does not, by itself, establish that commercial surrogacy agreements are lawful there. A list of countries where surrogacy is legal should therefore be treated as a starting point for examining the legal requirements and procedures of each jurisdiction.

Countries That Permit Gestational Surrogacy

Knowing where gestational surrogacy is permitted can help intended parents identify jurisdictions that may offer stronger legal protection. The conditions are different in each country.

United States

Some states, including California, permit compensated surrogacy arrangements for couples and single people, including foreign nationals. Court proceedings to establish legal parentage may begin before the child is born, but the rules of the relevant state must always be checked.

Ukraine

Ukrainian law permits gestational surrogacy for married heterosexual couples who have a medical indication. The child must be genetically related to at least one intended parent. Under Article 123 of the Family Code, the intended parents are recognised as the child's legal parents.

Georgia

To access gestational surrogacy in Georgia, heterosexual couples must either be married or have lived together as a couple for at least one year. The law recognises the intended parents as the child's legal parents. Neither the surrogate nor an egg donor acquires parental rights.

Greece

Greece permits only non-commercial surrogacy, with certain forms of compensation. Following legislative changes in 2025, both parties must reside in Greece to take part in a gestational surrogacy arrangement. This applies both to the woman seeking treatment, who must have a medical indication, and to the surrogate.

Canada

Altruistic surrogacy arrangements are permitted for couples and single people. Payment for carrying a pregnancy is prohibited, but certain expenses may be reimbursed. Compensation for lost income is also possible under specific conditions.

United Kingdom

In England, non-commercial gestational surrogacy is permitted, with reimbursement of reasonable surrogacy-related expenses. At birth, the surrogate is regarded as the child's legal mother. Separate legal requirements apply before the intended parents can obtain legal parentage.

Every country that permits surrogacy has its own rules on access to treatment and the recognition of legal parentage. These must be considered before making a decision.

What Are the Legal Requirements for Gestational Surrogacy in Different Countries?

When considering countries where surrogacy is legal, it is essential to understand each jurisdiction's requirements. In a commercial arrangement, the surrogate receives payment under the agreement. In an altruistic arrangement, payment for carrying the pregnancy is prohibited, although legally permitted expenses and compensation may be covered. Paying for medical or legal services does not, in itself, make an altruistic arrangement commercial.

Eligibility for intended parents depends on factors such as:

• whether legal parentage can be recognised in their country of nationality or residence;
• nationality, registered residence and where they actually live;
• a genetic link to the child;
• medical indications and age;
• proof of marriage or an established unmarried partnership.

Some countries accept married couples but not single applicants. Before starting a programme, intended parents should check three key points: eligibility for foreign nationals, recognition of parentage and the documents needed for the child to leave the country. Restrictions in the intended parents' country of residence or nationality must also be taken into account.

Comparing Countries Where Surrogacy Is Legal

Before choosing a country, it is important to establish which forms of surrogacy are permitted, whether foreign nationals can access programmes and who is eligible. The table below provides an overview.

This table outlines general requirements; it does not replace an individual legal assessment of the rules in each country.

How to Choose a Country for Gestational Surrogacy

The first step in choosing a destination should be a legal assessment. A lawyer should explain each stage of the process: registering the birth, establishing legal parentage, obtaining citizenship and securing the documents needed to leave the country.

Intended parents should also find out whether adoption will be required and how long they may need to remain abroad. A birth certificate issued overseas cannot always be registered directly in their home country.

Cost is another major consideration. The full price should account for embryo creation and transfer, legally permitted payments, antenatal care, delivery, medical tests, legal support and accommodation. For example, Feskov Human Reproduction Group offers programmes with delivery in Ukraine starting at EUR 65,000. The services included depend on the package selected.

It is also important to check the clinic's licences, its criteria for assessing surrogates and the medical team's experience. If a programme involves several countries, responsibility for transporting biological material, obtaining permits and preparing medical records should be established in advance.

FHRG International Gestational Surrogacy Programmes

FHRG offers international gestational surrogacy programmes in which intended parents can choose the country of birth. Depending on their circumstances, a programme may include support from the medical team in Ukraine. The clinic considers the situations of married couples, unmarried partners and single applicants individually to identify possible options. Availability of each service is confirmed on a case-by-case basis.

When selecting an FHRG guarantee programme, intended parents should carefully review the contractual terms. The clinic undertakes to provide all stages covered by the agreement without additional charges for further IVF attempts.

Among countries with a legal framework for gestational surrogacy, Ukraine offers structured programmes designed to provide the safest and most closely monitored conditions possible for pregnancy care, childbirth and preparation of documents.

Before signing an agreement, it is important to clarify the conditions for using donor genetic material and the number of treatment cycles included. The FHRG team provides support throughout the different stages and helps each family find an option suited to its circumstances, making the path to parenthood clearer and less stressful.